Legal Opinion

People v. McAleavey

New York County Courts

Decided November 25, 1986PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Stuart Namm, J.

Defendant, John McAleavey, is charged with the alleged commission of two counts of operating a motor vehicle while under the influence of alcohol, as a felony.

Hearings were conducted simultaneously by the court to determine the voluntariness of certain statements attributed to the defendant by the arresting officer (CPL 60.45), and to *988also determine the defendant’s request to dismiss the indictment upon the ground that the defendant’s arrest was made without probable cause to either stop the defendant’s vehicle and/or arrest him for violation of Vehicle and…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  5. North Carolina v. ButlerSupreme Court of the United States · 1979

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3Cited by2 opinions

  1. People v. McAleaveyAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. SukramNew York District Court · 1989

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